[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1892 Placed on Calendar Senate (PCS)]
Calendar No. 161
112th CONGRESS
1st Session
H. R. 1892
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2011
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2012 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; Table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Annual report on hiring of National Security Education
Program participants.
Sec. 304. Enhancement of authority for flexible personnel management
among the elements of the intelligence
community.
Sec. 305. Preparation of nuclear proliferation assessment statements.
Sec. 306. Cost estimates.
Sec. 307. Updates of intelligence relating to terrorist recidivism of
detainees held at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 308. Enhanced procurement authority to manage supply chain risk.
Sec. 309. Modification of certain reporting requirements.
Sec. 310. Counterterrorism Competitive Analysis Commission.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Intelligence community assistance to counter drug trafficking
organizations using public lands.
Sec. 402. Application of certain financial reporting requirements to
the Office of the Director of National
Intelligence.
Sec. 403. Public availability of information regarding the Inspector
General of the Intelligence Community.
Sec. 404. Clarification of status of Chief Information Officer in the
Executive Schedule.
Sec. 405. Temporary appointment to fill vacancies within Office of the
Director of National Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 411. Burial allowance.
Sec. 412. Acceptance of gifts.
Sec. 413. Foreign language proficiency requirements for Central
Intelligence Agency officers.
Sec. 414. Public availability of information regarding the Inspector
General of the Central Intelligence Agency.
Sec. 415. Creating an official record of the Osama bin Laden operation.
Sec. 416. Recruitment of personnel in the Office of the Inspector
General.
Subtitle C--National Security Agency
Sec. 421. Additional authorities for National Security Agency security
personnel.
Subtitle D--Other Elements
Sec. 431. Codification of Office of Intelligence and Analysis of the
Department of Homeland Security as element
of the intelligence community.
Sec. 432. Federal Bureau of Investigation participation in the
Department of Justice leave bank.
Sec. 433. Accounts and transfer authority for appropriations and other
amounts for intelligence elements of the
Department of Defense.
Sec. 434. Report on training standards of defense intelligence
workforce.
TITLE V--OTHER MATTERS
Sec. 501. Report on airspace restrictions for use of unmanned aerial
vehicles along the border of the United
States and Mexico.
Sec. 502. Sense of Congress regarding integration of fusion centers.
Sec. 503. Strategy to counter improvised explosive devices.
Sec. 504. Sense of Congress regarding the priority of railway
transportation security.
Sec. 505. Technical amendments to the National Security Act of 1947.
Sec. 506. Technical amendments to title 18, United States Code.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
104, the authorized personnel ceilings as of September 30, 2012, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany the bill
H.R. 1892 of the One Hundred Twelfth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability to committees of congress.--The classified
Schedule of Authorizations referred to in subsection (a) shall
be made available to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 415c)
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
(c) Use of Funds for Certain Activities in the Classified Annex.--
In addition to any other purpose authorized by law, the Director of the
Federal Bureau of Investigation may expend funds authorized in this Act
as specified in the Federal Bureau of Investigation Policy
Implementation section of the classified annex accompanying this Act.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize the employment of civilian personnel in excess of the
number of full-time equivalent positions for fiscal year 2012
authorized by the classified Schedule of Authorizations referred to in
section 102(a) if the Director of National Intelligence determines that
such action is necessary for the performance of important intelligence
functions, except that the number of personnel employed in excess of
the number authorized under such section may not, for any element of
the intelligence community, exceed 3 percent of the number of civilian
personnel authorized under such section for such element.
(b) Authority for Conversion of Activities Performed by Contract
Personnel.--
(1) In general.--In addition to the authority in subsection
(a) and subject to paragraph (2), if the head of an element of
the intelligence community makes a determination that
activities currently being performed by contract personnel
should be performed by employees of such element, the Director
of National Intelligence, in order to reduce a comparable
number of contract personnel, may authorize for that purpose
employment of additional full-time equivalent personnel in such
element equal to the number of full-time equivalent contract
personnel performing such activities.
(2) Concurrence and approval.--The authority described in
paragraph (1) may not be exercised unless the Director of
National Intelligence concurs with the determination described
in such paragraph.
(c) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment--
(1) in a student program, trainee program, or similar
program;
(2) in a reserve corps or as a reemployed annuitant; or
(3) in details, joint duty, or long-term, full-time
training.
(d) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to the initial exercise of
an authority described in subsection (a) or (b).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2012 the sum of
$576,393,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2013.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 777 full-time or full-time equivalent
personnel as of September 30, 2012. Personnel serving in such elements
may be permanent employees of the Office of the Director of National
Intelligence or personnel detailed from other elements of the United
States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2012 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September
30, 2013.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2012, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2012 the sum of
$514,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. ANNUAL REPORT ON HIRING OF NATIONAL SECURITY EDUCATION
PROGRAM PARTICIPANTS.
Not later than 90 days after the end of each of fiscal years 2012,
2013, and 2014, the head of each element of the intelligence community
shall submit to the congressional intelligence committees a report,
which may be in classified form, containing the number of personnel
hired by such element during such fiscal year that were at any time a
recipient of a grant or scholarship under the David L. Boren National
Security Education Act of 1991 (50 U.S.C. 1901 et seq.).
SEC. 304. ENHANCEMENT OF AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT
AMONG THE ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsection:
``(v) Authority To Establish Positions in Excepted Service.--(1)
The Director of National Intelligence, with the concurrence of the head
of the covered department concerned and in consultation with the
Director of the Office of Personnel Management, may--
``(A) convert competitive service positions, and the
incumbents of such positions, within an element of the
intelligence community in such department, to excepted service
positions as the Director of National Intelligence determines
necessary to carry out the intelligence functions of such
element; and
``(B) establish new positions in the excepted service
within an element of the intelligence community in such
department, if the Director of National Intelligence determines
such positions are necessary to carry out the intelligence
functions of such element.
``(2) An incumbent occupying a position on the date of the
enactment of the Intelligence Authorization Act for Fiscal Year 2012
selected to be converted to the excepted service under this section
shall have the right to refuse such conversion. Once such individual no
longer occupies the position, the position may be converted to the
excepted service.
``(3) In this subsection, the term `covered department' means the
Department of Energy, the Department of Homeland Security, the
Department of State, or the Department of the Treasury.''.
SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 304 of this Act, is further amended by adding
at the end the following new subsection:
``(w) Nuclear Proliferation Assessment Statements Intelligence
Community Addendum.--The Director of National Intelligence, in
consultation with the heads of the appropriate elements of the
intelligence community and the Secretary of State, shall provide to the
President, the congressional intelligence committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate an addendum to each Nuclear
Proliferation Assessment Statement accompanying a civilian nuclear
cooperation agreement, containing a comprehensive analysis of the
country's export control system with respect to nuclear-related
matters, including interactions with other countries of proliferation
concern and the actual or suspected nuclear, dual-use, or missile-
related transfers to such countries.''.
SEC. 306. COST ESTIMATES.
(a) In General.--Section 506A of the National Security Act of 1947
(50 U.S.C. 415a-1) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``(A)'' after ``(2)''; and
(B) by adding at the end the following new
subparagraph:
``(B) For major system acquisitions requiring a service or
capability from another acquisition or program to deliver the end-to-
end functionality for the intelligence community end users, independent
cost estimates shall include, to the maximum extent practicable, all
estimated costs across all pertinent elements of the intelligence
community. For collection programs, such cost estimates shall include
the cost of new analyst training, new hardware and software for data
exploitation and analysis, and any unique or additional costs for data
processing, storing, and power, space, and cooling across the life
cycle of the program. If such costs for processing, exploitation,
dissemination, and storage are scheduled to be executed in other
elements of the intelligence community, the independent cost estimate
shall identify and annotate such costs for such other elements
accordingly.''; and
(2) in subsection (e)(2)--
(A) by inserting ``(A)'' after ``(2)'';
(B) in subparagraph (A), as so designated, by
striking ``associated with the acquisition of a major
system,'' and inserting ``associated with the
development, acquisition, procurement, operation, and
sustainment of a major system across its proposed life
cycle,''; and
(C) by adding at the end the following:
``(B) In accordance with subsection (a)(2)(B), each
independent cost estimate shall include all costs required
across elements of the intelligence community to develop,
acquire, procure, operate, and sustain the system to provide
the end-to-end intelligence functionality of the system,
including--
``(i) for collection programs, the cost of new
analyst training, new hardware and software for data
exploitation and analysis, and any unique or additional
costs for data processing, storing, and power, space,
and cooling across the life cycle of the program; and
``(ii) costs for processing, exploitation,
dissemination, and storage costs are scheduled to be
executed in other elements of the intelligence
community, such element shall identify and annotate
such costs accordingly.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act.
SEC. 307. UPDATES OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM OF
DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
(a) Updates and Consolidation of Language.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by inserting after
section 506H the following new section:
``summary of intelligence relating to terrorist recidivism of detainees
held at united states naval station, guantanamo bay, cuba
``Sec. 506I. (a) In General.--The Director of National
Intelligence, in consultation with the Director of the Central
Intelligence Agency and the Director of the Defense Intelligence
Agency, shall make publicly available an unclassified summary of--
``(1) intelligence relating to recidivism of detainees
currently or formerly held at the Naval Detention Facility at
Guantanamo Bay, Cuba, by the Department of Defense; and
``(2) an assessment of the likelihood that such detainees
will engage in terrorism or communicate with persons in
terrorist organizations.
``(b) Updates.--Not less frequently than once every 6 months, the
Director of National Intelligence, in consultation with the Director of
the Central Intelligence Agency and the Secretary of Defense, shall
update and make publicly available an unclassified summary consisting
of the information required by subsection (a) and the number of
individuals formerly detained at Naval Station, Guantanamo Bay, Cuba,
who are confirmed or suspected of returning to terrorist activities
after release or transfer from such Naval Station.''.
(2) Initial update.--The initial update required by section
506I(b) of such Act, as added by paragraph (1) of this
subsection, shall be made publicly available not later than 10
days after the date the first report following the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2012 is submitted to members and committees of Congress
pursuant to section 319 of the Supplemental Appropriations Act,
2009 (Public Law 111-32; 10 U.S.C. 801 note).
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 506H the following new
item:
``Sec. 506I. Summary of intelligence relating to terrorist recidivism
of detainees held at United States Naval
Station, Guantanamo Bay, Cuba.''.
SEC. 308. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK.
(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means any
element of the intelligence community other than an element
within the Department of Defense.
(2) Covered item of supply.--The term ``covered item of
supply'' means an item of information technology (as that term
is defined in section 11101 of title 40, United States Code)
that is purchased for inclusion in a covered system, and the
loss of integrity of which could result in a supply chain risk
for a covered system.
(3) Covered procurement.--The term ``covered procurement''
means--
(A) a source selection for a covered system or a
covered item of supply; or
(B) any contract action involving a contract for a
covered system or a covered item of supply where such
contract includes a clause establishing requirements
relating to supply chain risk.
(4) Covered procurement action.--The term ``covered
procurement action'' means any of the following actions, if the
action takes place in the course of conducting a covered
procurement:
(A) The exclusion of a source for the purpose of
reducing supply chain risk in the acquisition of
covered systems.
(B) The exclusion of a source that fails to achieve
an acceptable rating with regard to an evaluation
factor providing for the consideration of supply chain
risk in the evaluation of proposals for the award of a
contract or the issuance of a task or delivery order.
(C) The decision to withhold consent for a
contractor to subcontract with a particular source or
to direct a contractor for a covered system to exclude
a particular source from consideration for a
subcontract under the contract.
(5) Covered system.--
(A) In general.--The term ``covered system'' means
any information system (including any
telecommunications system) used or operated by an
agency or by a contractor of an agency, or other
organization on behalf of an agency--
(i) the function, operation, or use of
which--
(I) involves intelligence
activities;
(II) involves cryptologic
activities related to national
security;
(III) involves command and control
of military forces;
(IV) involves equipment that is an
integral part of a weapon or weapons
system; or
(V) subject to subparagraph (B), is
critical to the direct fulfillment of
military or intelligence missions; or
(ii) is protected at all times by
procedures established for information that
have been specifically authorized under
criteria established by an Executive order or
an Act of Congress to be kept classified in the
interest of national defense or foreign policy.
(B) Exception of administrative and business
applications.--Subparagraph (A)(i)(V) does not include
a system that is to be used for routine administrative
and business applications (including payroll, finance,
logistics, and personnel management applications).
(6) Supply chain risk.--The term ``supply chain risk''
means the risk that an adversary may sabotage, maliciously
introduce unwanted function, or otherwise subvert the design,
integrity, manufacturing, production, distribution,
installation, operation, or maintenance of a covered system so
as to surveil, deny, disrupt, or otherwise degrade the
function, use, or operation of such system.
(b) Authority.--Subject to subsection (c), the head of a covered
agency may, in conducting intelligence and intelligence-related
activities--
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of law, in
whole or in part, the disclosure of information relating to the
basis for carrying out a covered procurement action.
(c) Determination and Notification.--The head of a covered agency
may exercise the authority provided in subsection (b) only after--
(1) any appropriate consultation with procurement or other
relevant officials of the covered agency;
(2) making a determination in writing, which may be in
classified form, that--
(A) use of the authority in subsection (b)(1) is
necessary to protect national security by reducing
supply chain risk;
(B) less intrusive measures are not reasonably
available to reduce such supply chain risk; and
(C) in a case where the head of the covered agency
plans to limit disclosure of information under
subsection (b)(2), the risk to national security due to
the disclosure of such information outweighs the risk
due to not disclosing such information;
(3) notifying the Director of National Intelligence that
there is a significant supply chain risk to the covered system
concerned, unless the head of the covered agency making the
determination is the Director of National Intelligence; and
(4) providing a notice, which may be in classified form, of
the determination made under paragraph (2) to the congressional
intelligence committees that includes a summary of the basis
for the determination, including a discussion of less intrusive
measures that were considered and why they were not reasonably
available to reduce supply chain risk.
(d) Delegation.--The head of a covered agency may not delegate the
authority provided in subsection (b) or the responsibility to make a
determination under subsection (c) to an official below the level of
the service acquisition executive for the agency concerned.
(e) Savings.--The authority under this section is in addition to
any other authority under any other provision of law. The authority
under this section shall not be construed to alter or effect the
exercise of any other provision of law.
(f) Effective Date.--The requirements of this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act and shall apply to contracts that are awarded on or after such
date.
(g) Sunset.--The authority provided in this section shall expire on
the date that section 806 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C.
2304 note) expires.
SEC. 309. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 1041(b) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 403-1b(b)) is amended by striking paragraphs (3) and
(4).
(b) Intelligence Authorization Act for Fiscal Year 2003.--Section
904(d)(1) of the Intelligence Authorization Act for Fiscal Year 2003
(50 U.S.C. 402c(d)(1)) is amended by striking ``on an annual basis''.
(c) Intelligence Authorization Act for Fiscal Year 1995.--Section
809 of the Intelligence Authorization Act for Fiscal Year 1995 (50
U.S.C. App. 2170b) is amended--
(1) by striking subsection (b); and
(2) in subsection (c), by striking ``reports referred to in
subsections (a) and (b)'' and inserting ``report referred to in
subsection (a)''.
(d) Report on Temporary Personnel Authorizations for Critical
Language Training.--Paragraph (3)(D) of section 102A(e) of the National
Security Act of 1947 (50 U.S.C. 403-1(e)), as amended by section 306 of
the Intelligence Authorization Act for Fiscal Year 2010 (Public Law
111-259; 124 Stat. 2661), is amended by striking ``The'' and inserting
``For each of the fiscal years 2010, 2011, and 2012, the''.
SEC. 310. COUNTERTERRORISM COMPETITIVE ANALYSIS COMMISSION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) terrorism and domestic radicalization represent
evolving and dynamic threats to the United States;
(2) biases and group think can prevent intelligence
analysts from detecting important changes in such threats that
can prevent the detection and prevention of terrorist attacks;
and
(3) competitive and alternative intelligence analysis are
important tools to prevent biases and group think from
resulting in analytical failures and can help the intelligence
community and policy makers better understand the nature of
complex threats to the United States.
(b) Establishment.--There is established a Commission to be known
as the ``Counterterrorism Competitive Analysis Commission'' (in this
section referred to as the ``Commission'').
(c) Duties.--
(1) Study.--The Commission shall conduct a study on--
(A) how the elements of the intelligence community
use red teams, alternative analysis, and competitive
analysis of foreign intelligence to address domestic
radicalization;
(B) whether such analysis is timely, objective,
based upon all sources of available foreign
intelligence, and employs the standards of proper
analytic tradecraft; and
(C) the feasibility and advisability of
establishing a permanent entity to--
(i) advise the Director on matters of
policy relating to the threats of international
terrorism and domestic radicalization;
(ii) prepare competitive analyses of
national intelligence estimates prepared by the
intelligence community and submit such analyses
to the Director and the National Intelligence
Commission; and
(iii) annually submit to Congress a report
in unclassified form, which may include a
classified annex, on trends in counterterrorism
and domestic radicalization, including a
summary of any competitive analyses referred to
in clause (ii).
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Commission shall submit to the
congressional intelligence committees a report containing the
results of the study under paragraph (1).
(d) Members.--
(1) Appointment.--The Commission shall be composed of six
members selected on the basis of previous experience with
matters of policy relating to international terrorism,
intelligence analysis, and domestic radicalization, of whom--
(A) two members shall be appointed by the
President;
(B) one member shall be appointed by the Speaker of
the House of Representatives;
(C) one member shall be appointed by the minority
leader of the House of Representatives;
(D) one member shall be appointed by the majority
leader of the Senate; and
(E) one member shall be appointed by the minority
leader of the Senate.
(2) Qualifications.--An individual may not be appointed to
the Commission under paragraph (1) if such individual has
served as an officer or employee of the Federal Government
within a three-year period of the date of appointment.
(3) Compensation.--To the extent provided in advance in
appropriation Acts, each member of the Commission shall be paid
consistent with the skill and experience of such member at a
rate not to exceed the annual rate of basic pay for level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(4) Actions of commission.--Any member of the Commission
may, if authorized by the Commission, take any action which the
Commission is authorized to take by this section.
(e) Staff of Commission.--
(1) Compensation.--To the extent provided in advance in
appropriation Acts, the Commission shall appoint and fix the
compensation of a Director and such additional staff as may be
necessary to enable the Commission to carry out its duties.
(2) Rate of pay.--The Director and staff of the Commission
may be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates,
except that the rate of pay fixed for the Director and staff
may not exceed the annual rate of basic pay for level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(3) Experts and consultants.--In accordance with rules
adopted by the Commission, and to the extent provided in
advance in appropriation Acts, the Commission may procure the
services of experts and consultants under section 3109(b) of
title 5, United States Code, but at rates for individuals not
to exceed the daily equivalent of the annual rate of basic pay
for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(f) Security Clearances.--The Director of National Intelligence
shall ensure that the appropriate executive departments and agencies
cooperate with the Commission in expeditiously providing to the members
and staff appropriate security clearances in a manner consistent with
existing procedures and requirements.
(g) Termination.--The Commission shall terminate on the date that
is 30 days after the date on which the Commission submits the report
required under subsection (c)(2), or on the date that is 395 days after
the date of the enactment of this Act, whichever is earlier.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. INTELLIGENCE COMMUNITY ASSISTANCE TO COUNTER DRUG TRAFFICKING
ORGANIZATIONS USING PUBLIC LANDS.
(a) Consultation.--The Director of National Intelligence shall
consult with the heads of the Federal land management agencies on the
appropriate actions the intelligence community can take to assist such
agencies in responding to the threat from covered entities that are
currently or have previously used public lands in the United States to
further the operations of such entities.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on the
results of the consultation under subsection (a). Such report shall
include--
(1) an assessment of the intelligence community collection
efforts dedicated to covered entities, including any collection
gaps or inefficiencies; and
(2) an assessment of the ability of the intelligence
community to assist Federal land management agencies in
identifying and protecting public lands from illegal drug grows
and other activities and threats of covered entities, including
through the sharing of intelligence information.
(c) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means an
international drug trafficking organization or other actor
involved in drug trafficking generally.
(2) Federal land management agency.--The term ``Federal
land management agency'' includes--
(A) the Forest Service of the Department of
Agriculture;
(B) the Bureau of Land Management of the Department
of the Interior;
(C) the National Park Service of the Department of
the Interior;
(D) the Fish and Wildlife Service of the Department
of the Interior; and
(E) the Bureau of Reclamation of the Department of
the Interior.
(3) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702).
SEC. 402. APPLICATION OF CERTAIN FINANCIAL REPORTING REQUIREMENTS TO
THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
For each of the fiscal years 2010, 2011, and 2012, the requirements
of section 3515 of title 31, United States Code, to submit an audited
financial statement shall not apply to the Office of the Director of
National Intelligence if the Director of National Intelligence
determines and notifies Congress that audited financial statements for
such years for such Office cannot be produced on a cost-effective
basis.
SEC. 403. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE INSPECTOR
GENERAL OF THE INTELLIGENCE COMMUNITY.
Section 103H of the National Security Act of 1947 (50 U.S.C. 403-
3h) is amended by adding at the end the following new subsection:
``(o) Information on Website.--(1) The Director of National
Intelligence shall establish and maintain on the homepage of the
publicly accessible website of the Office of the Director of National
Intelligence information relating to the Office of the Inspector
General of the Intelligence Community including methods to contact the
Inspector General.
``(2) The information referred to in paragraph (1) shall be obvious
and facilitate accessibility to the information related to the Office
of the Inspector General of the Intelligence Community.''.
SEC. 404. CLARIFICATION OF STATUS OF CHIEF INFORMATION OFFICER IN THE
EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
inserting after the item relating to the Chief Information Officer,
Small Business Administration the following new item:
``Chief Information Officer of the Intelligence
Community.''.
SEC. 405. TEMPORARY APPOINTMENT TO FILL VACANCIES WITHIN OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
Section 103 of the National Security Act of 1947 (50 U.S.C. 403-3)
is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Temporary Filling of Vacancies.--With respect to filling
temporarily a vacancy in an office within the Office of the Director of
National Intelligence (other than that of the Director of National
Intelligence), section 3345(a)(3) of title 5, United States Code, may
be applied--
``(1) in the matter preceding subparagraph (A), by
substituting `an element of the intelligence community, as that
term is defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)),' for `such Executive agency'; and
``(2) in subparagraph (A), by substituting `the
intelligence community' for `such agency'.''.
Subtitle B--Central Intelligence Agency
SEC. 411. BURIAL ALLOWANCE.
(a) In General.--Section 11 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403k) is amended--
(1) in the heading, by inserting ``and burial allowance''
after ``gratuities''; and
(2) by adding at the end the following new subsection:
``(c)(1) At the request of a representative of the estate of any
officer or employee of the Agency (as determined in accordance with the
laws of a State) who dies in a manner described in subsection (a)(1),
the Director may pay to such estate a burial allowance.
``(2) A burial allowance paid under paragraph (1) may be used to
cover burial expenses, including recovery, mortuary, funeral or
memorial service, cremation, burial costs, and costs of transportation
by common carrier to the place selected for final disposition of the
deceased.
``(3) Each payment made under this subsection shall be--
``(A) in an amount not greater than $15,000 plus the actual
costs of transportation referred to in paragraph (2); and
``(B) in addition to any other benefit that may be due
under any other provision of law.
``(4) The Director may annually increase the amount in paragraph
(3)(A) to reflect any increase in the Consumer Price Index occurring
during the preceding year.
``(5) The Director may pay the burial benefit authorized under this
subsection more than once for funeral, memorial, or burial expenses
stemming from a single death of an officer or employee of the Agency if
the remains of such officer or employee were not recovered, were
recovered after considerable delay, or were not recovered intact.''.
(b) Effective Date of Authority to Increase Allowance.--Section
11(c)(4) of the Central Intelligence Agency Act of 1949, as added by
subsection (a), shall take effect on the date that is one year after
the date of the enactment of this Act.
SEC. 412. ACCEPTANCE OF GIFTS.
Section 12 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403l(a)) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by striking the second and third sentences and
inserting the following:
``(2) Any gift accepted under this section (and any income produced
by any such gift)--
``(A) may be used only for--''
``(i) artistic display;
``(ii) purposes relating to the general welfare,
education, or recreation of employees or dependents of
employees of the Agency or for similar purposes; or
``(iii) purposes relating to the welfare,
education, or recreation of an individual described in
paragraph (3); and
``(B) under no circumstances may such a gift (or any income
produced by any such gift) be used for operational purposes.
``(3) An individual described in this paragraph is an individual
who--
``(A) is an employee or a former employee of the Agency who
suffered injury or illness while employed by the Agency that--
``(i) resulted from hostile or terrorist
activities;
``(ii) occurred in connection with an intelligence
activity having a significant element of risk; or
``(iii) occurred under other circumstances
determined by the Director to be analogous to the
circumstances described in clause (i) or (ii);
``(B) is a family member of such an employee or former
employee; or
``(C) is a surviving family member of an employee of the
Agency who died in circumstances described in clause (i), (ii),
or (iii) of subparagraph (A).
``(4) The Director may not accept any gift under this section that
is expressly conditioned upon any expenditure not to be met from the
gift itself or from income produced by the gift unless such expenditure
has been authorized by law.
``(5) The Director may, in the Director's discretion, determine
that an individual described in subparagraph (A) or (B) of paragraph
(3) may accept a gift for the purposes described in paragraph
(2)(A)(iii).''; and
(2) by adding at the end the following new subsection:
``(f) The Director, in consultation with the Director of the Office
of Government Ethics, shall issue regulations to carry out the
authority provided in this section. Such regulations shall ensure that
such authority is exercised consistent with all relevant ethical
constraints and principles, including--
``(1) the avoidance of any prohibited conflict of interest
or appearance of impropriety; and
``(2) a prohibition against the acceptance of a gift from a
foreign government or an agent of a foreign government.''.
SEC. 413. FOREIGN LANGUAGE PROFICIENCY REQUIREMENTS FOR CENTRAL
INTELLIGENCE AGENCY OFFICERS.
(a) In General.--Section 104A(g) of the National Security Act of
1947 (50 U.S.C. 403-4a(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``in the Directorate of
Intelligence career service or the National
Clandestine Service career service'' after ``an
individual'';
(ii) by inserting ``or promoted'' after
``appointed''; and
(iii) by striking ``individual--'' and
inserting ``individual has been certified as
having a professional speaking and reading
proficiency in a foreign language, such
proficiency being at least level 3 on the
Interagency Language Roundtable Language Skills
Level or commensurate proficiency level using
such other indicator of proficiency as the
Director of the Central Intelligence Agency
considers appropriate.'';
(B) by striking subparagraphs (A) and (B); and
(2) in paragraph (2), by striking ``position or category of
positions'' both places that term appears and inserting
``position, category of positions, or occupation''.
(b) Effective Date.--Section 611(b) of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 50 U.S.C.
403-4a note) is amended--
(1) by inserting ``or promotions'' after ``appointments'';
and
(2) by striking ``that is one year after the date''.
(c) Report on Waivers.--Section 611(c)of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat.
3955) is amended--
(1) in the first sentence--
(A) by striking ``positions'' and inserting
``individual waivers''; and
(B) by striking ``Directorate of Operations'' and
inserting ``National Clandestine Service''; and
(2) in the second sentence, by striking ``position or
category of positions'' and inserting ``position, category of
positions, or occupation''.
(d) Report on Transfers.--Not later than 45 days after the date of
the enactment of this Act, and on an annual basis for each of the
following 3 years, the Director of the Central Intelligence Agency
shall submit to the congressional intelligence committees a report on
the number of Senior Intelligence Service employees of the Agency who--
(1) were transferred during the reporting period to a
Senior Intelligence Service position in the Directorate of
Intelligence career service or the National Clandestine Service
career service; and
(2) did not meet the foreign language requirements
specified in section 104A(g)(1) of the National Security Act of
1947 (50 U.S.C. 403-4a(g)(1)) at the time of such transfer.
SEC. 414. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE INSPECTOR
GENERAL OF THE CENTRAL INTELLIGENCE AGENCY.
Section 17 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q) is amended by adding at the end the following new
subsection:
``(h) Information on Website.--(1) The Director of the Central
Intelligence Agency shall establish and maintain on the homepage of the
Agency's publicly accessible website information relating to the Office
of the Inspector General including methods to contact the Inspector
General.
``(2) The information referred to in paragraph (1) shall be obvious
and facilitate accessibility to the information related to the Office
of the Inspector General.''.
SEC. 415. CREATING AN OFFICIAL RECORD OF THE OSAMA BIN LADEN OPERATION.
(a) Findings.--The Congress finds the following:
(1) On May 1, 2011, United States personnel killed
terrorist leader Osama bin Laden during the course of a
targeted strike against his secret compound in Abbottabad,
Pakistan.
(2) Osama bin Laden was the leader of the al Qaeda
terrorist organization, the most significant terrorism threat
to the United States and the international community.
(3) Osama bin Laden was the architect of terrorist attacks
which killed nearly 3,000 civilians on September 11, 2001, the
most deadly terrorist attack against our Nation, in which al
Qaeda terrorists hijacked four airplanes and crashed them into
the World Trade Center in New York City, the Pentagon in
Washington, D.C., and, due to heroic efforts by civilian
passengers to disrupt the terrorists, near Shanksville,
Pennsylvania.
(4) Osama bin Laden planned or supported numerous other
deadly terrorist attacks against the United States and its
allies, including the 1998 bombings of United States embassies
in Kenya and Tanzania and the 2000 attack on the U.S.S. Cole in
Yemen, and against innocent civilians in countries around the
world, including the 2004 attack on commuter trains in Madrid,
Spain and the 2005 bombings of the mass transit system in
London, England.
(5) Following the September 11, 2001, terrorist attacks,
the United States, under President George W. Bush, led an
international coalition into Afghanistan to dismantle al Qaeda,
deny them a safe haven in Afghanistan and ungoverned areas
along the Pakistani border, and bring Osama bin Laden to
justice.
(6) President Barack Obama in 2009 committed additional
forces and resources to efforts in Afghanistan and Pakistan as
``the central front in our enduring struggle against terrorism
and extremism''.
(7) The valiant members of the United States Armed Forces
have courageously and vigorously pursued al Qaeda and its
affiliates in Afghanistan and around the world.
(8) The anonymous, unsung heroes of the intelligence
community have pursued al Qaeda and affiliates in Afghanistan,
Pakistan, and around the world with tremendous dedication,
sacrifice, and professionalism.
(9) The close collaboration between the Armed Forces and
the intelligence community prompted the Director of National
Intelligence, General James Clapper, to state, ``Never have I
seen a more remarkable example of focused integration, seamless
collaboration, and sheer professional magnificence as was
demonstrated by the Intelligence Community in the ultimate
demise of Osama bin Laden.''.
(10) While the death of Osama bin Laden represents a
significant blow to the al Qaeda organization and its
affiliates and to terrorist organizations around the world,
terrorism remains a critical threat to United States national
security.
(11) President Obama said, ``For over two decades, bin
Laden has been al Qaeda's leader and symbol, and has continued
to plot attacks against our country and our friends and allies.
The death of bin Laden marks the most significant achievement
to date in our Nation's effort to defeat al Qaeda.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the raid that killed Osama bin Laden demonstrated the
best of the intelligence communities capabilities and teamwork;
(2) for years to come, Americans will look back at this
event as a defining point in the history of the United States;
(3) it is vitally important that the United States
memorialize all the events that led to the raid so that future
generations will have an official record of the events that
transpired before, during, and as a result of the operation;
and
(4) preserving this history now will allow the United
States to have an accurate account of the events while those
that participated in the events are still serving in the
Government.
(c) Report on the Operation That Killed Osama Bin Laden.--Not later
than one year after the date of the enactment of this Act, the Director
of the Central Intelligence Agency, in consultation with other agencies
and entities involved in the operation that killed Osama bin Laden,
shall submit to the congressional intelligence committees a classified
report that memorializes such operation including a description of the
events leading up to the discovery of the location of Osama bin Laden,
the planning and execution of the raid, and the results of the
intelligence gained from the raid.
(d) Preservation of Records.--The Director of the Central
Intelligence Agency shall preserve any records, including intelligence
information and assessments, used to generate the report described in
subsection (c).
SEC. 416. RECRUITMENT OF PERSONNEL IN THE OFFICE OF THE INSPECTOR
GENERAL.
(a) Study.--The Director of the Central Intelligence Agency, in
consultation with the Inspector General of the Central Intelligence
Agency, shall carry out a study of the personnel issues of the Office
of the Inspector General. Such study shall include--
(1) identification of any barriers or disincentives to the
recruitment or retention of experienced investigators within
the Office of the Inspector General; and
(2) a comparison of the personnel authorities of the
Inspector General with personnel authorities of Inspectors
General of other agencies and departments of the United States,
including a comparison of the benefits available to experienced
investigators within the Office of the Inspector General of the
Central Intelligence Agency with similar benefits available
within the offices of Inspectors General of such other agencies
or departments.
(b) Recommendations.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the congressional intelligence committees--
(1) any recommendations of the Director for legislative
action based on the results of the study conducted under
subsection (a); and
(2) a description of any administrative actions taken by
the Director based on such results.
Subtitle C--National Security Agency
SEC. 421. ADDITIONAL AUTHORITIES FOR NATIONAL SECURITY AGENCY SECURITY
PERSONNEL.
(a) Authority To Transport Apprehended Persons.--Paragraph (5) of
section 11(a) of the National Security Agency Act of 1959 (50 U.S.C.
402 note) is amended to read as follows:
``(5) Agency personnel authorized by the Director under paragraph
(1) may transport an individual apprehended under the authority of this
section from the premises at which the individual was apprehended, as
described in subparagraph (A) or (B) of paragraph (1), for the purpose
of transferring such individual to the custody of law enforcement
officials. Such transportation may be provided only to make a transfer
of custody at a location within 30 miles of the premises described in
subparagraphs (A) and (B) of paragraph (1).''.
(b) Conforming Amendment Relating to Tort Liability.--Paragraph (1)
of section 11(d) of the National Security Agency Act of 1959 (50 U.S.C.
402 note) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) transport an individual pursuant to subsection
(a)(2).''.
Subtitle D--Other Elements
SEC. 431. CODIFICATION OF OFFICE OF INTELLIGENCE AND ANALYSIS OF THE
DEPARTMENT OF HOMELAND SECURITY AS ELEMENT OF THE
INTELLIGENCE COMMUNITY.
Section 3(4)(K) of the National Security Act of 1947 (50 U.S.C.
401a(4)(K)) is amended to read as follows:
``(K) The Office of Intelligence and Analysis of
the Department of Homeland Security.''.
SEC. 432. FEDERAL BUREAU OF INVESTIGATION PARTICIPATION IN THE
DEPARTMENT OF JUSTICE LEAVE BANK.
Subsection (b) of section 6372 of title 5, United States Code, is
amended to read as follows:
``(b)(1) Except as provided in paragraph (2) and notwithstanding
any other provision of this subchapter, neither an excepted agency nor
any individual employed in or under an excepted agency may be included
in a leave bank program established under any of the preceding
provisions of this subchapter.
``(2) Notwithstanding any other provision of law, the Director of
the Federal Bureau of Investigation may authorize an individual
employed by the Bureau to participate in a leave bank program
administered by the Department of Justice under this subchapter if in
the Director's judgment such participation will not adversely affect
the protection of intelligence sources and methods.''.
SEC. 433. ACCOUNTS AND TRANSFER AUTHORITY FOR APPROPRIATIONS AND OTHER
AMOUNTS FOR INTELLIGENCE ELEMENTS OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Chapter 21 of title 10, United States Code, is
amended by inserting after section 428 the following new section:
``Sec. 429. Appropriations for Defense intelligence elements: accounts
for transfers; transfer authority
``(a) Accounts for Appropriations for Defense Intelligence
Elements.--The Secretary of Defense may transfer appropriations of the
Department of Defense which are available for the activities of Defense
intelligence elements to an account or accounts established for receipt
of such transfers. Each such account may also receive transfers from
the Director of National Intelligence if made pursuant to Section 102A
of the National Security Act of 1947 (50 U.S.C. 403-1), and transfers
and reimbursements arising from transactions, as authorized by law,
between a Defense intelligence element and another entity.
Appropriation balances in each such account may be transferred back to
the account or accounts from which such appropriations originated as
appropriation refunds.
``(b) Recordation of Transfers.--Transfers made pursuant to
subsection (a) shall be recorded as expenditure transfers.
``(c) Availability of Funds.--Funds transferred pursuant to
subsection (a) shall remain available for the same time period and for
the same purpose as the appropriation from which transferred, and shall
remain subject to the same limitations provided in the act making the
appropriation.
``(d) Obligation and Expenditure of Funds.--Unless otherwise
specifically authorized by law, funds transferred pursuant to
subsection (a) shall only be obligated and expended in accordance with
chapter 15 of title 31 and all other applicable provisions of law.
``(e) Defense Intelligence Element Defined.--In this section, the
term `Defense intelligence element' means any of the Department of
Defense agencies, offices, and elements included within the definition
of `intelligence community' under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of such chapter is amended by adding at the end the
following new item:
``429. Appropriations for Defense intelligence elements: accounts for
transfers; transfer authority.''.
SEC. 434. REPORT ON TRAINING STANDARDS OF DEFENSE INTELLIGENCE
WORKFORCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Under Secretary of Defense for Intelligence shall submit to the
Permanent Select Committee on Intelligence and the Committee on Armed
Services of the House of Representatives and the Select Committee on
Intelligence and the Committee on Armed Services of the Senate a report
on the training standards of the defense intelligence workforce. Such
report shall include--
(1) a description of existing training, education, and
professional development standards applied to personnel of
defense intelligence components; and
(2) an assessment of the ability to implement a
certification program for personnel of the defense intelligence
components based on achievement of required training,
education, and professional development standards.
(b) Definitions.--In this section:
(1) Defense intelligence components.--The term ``defense
intelligence components'' means--
(A) the National Security Agency;
(B) the Defense Intelligence Agency;
(C) the National Geospatial-Intelligence Agency;
(D) the National Reconnaissance Office;
(E) the intelligence elements of the Army, the
Navy, the Air Force, and the Marine Corps; and
(F) other offices within the Department of Defense
for the collection of specialized national intelligence
through reconnaissance programs.
(2) Defense intelligence workforce.--The term ``defense
intelligence workforce'' means the personnel of the defense
intelligence components.
TITLE V--OTHER MATTERS
SEC. 501. REPORT ON AIRSPACE RESTRICTIONS FOR USE OF UNMANNED AERIAL
VEHICLES ALONG THE BORDER OF THE UNITED STATES AND
MEXICO.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit to the congressional
intelligence committees, the Committee on Homeland Security of the
House of Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on whether restrictions on
the use of airspace are hampering the use of unmanned aerial vehicles
by the Department of Homeland Security along the international border
between the United States and Mexico.
SEC. 502. SENSE OF CONGRESS REGARDING INTEGRATION OF FUSION CENTERS.
It is the sense of Congress that ten years after the terrorist
attacks upon the United States on September 11, 2001, the Secretary of
Homeland Security, in consultation with the Director of National
Intelligence, should continue to integrate and leverage fusion centers
to enlist all of the intelligence, law enforcement, and homeland
security capabilities of the United States in a manner that is
consistent with the Constitution to prevent acts of terrorism against
the United States.
SEC. 503. STRATEGY TO COUNTER IMPROVISED EXPLOSIVE DEVICES.
(a) Strategy.--
(1) Establishment.--The Director of National Intelligence
and the Secretary of Defense shall establish a coordinated
strategy utilizing all available personnel and assets for
intelligence collection and analysis to identify and counter
network activity and operations in Pakistan and Afghanistan
relating to the development and use of improvised explosive
devices.
(2) Contents.--The strategy established under paragraph (1)
shall identify--
(A) the networks that design improvised explosive
devices, provide training on improvised explosive
device assembly and employment, and smuggle improvised
explosive device components into Afghanistan;
(B) the persons and organizations not directly
affiliated with insurgents in Afghanistan who knowingly
enable the movement of commercial products and material
used in improvised explosive device construction from
factories and vendors in Pakistan into Afghanistan;
(C) the financiers, financial networks,
institutions, and funding streams that provide
resources to the insurgency in Afghanistan; and
(D) the links to military, intelligence services,
and government officials who are complicit in allowing
the insurgent networks in Afghanistan to operate.
(b) Report and Implementation.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Secretary of Defense shall--
(1) submit to the congressional intelligence committees and
the Committees on Armed Services of the House of
Representatives and the Senate a report containing the strategy
established under subsection (a); and
(2) implement such strategy.
SEC. 504. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY
TRANSPORTATION SECURITY.
It is the sense of Congress that--
(1) the nation's railway transportation (including subway
transit) network is broad and technically complex, requiring
robust communication between private sector stakeholders and
the intelligence community to identify, monitor, and respond to
threats;
(2) the Department of Homeland Security Office of
Intelligence and Analysis maintains a constructive relationship
with other Federal agencies, state and local governments, and
private entities to safeguard our railways; and
(3) railway transportation security (including subway
transit security) should continue to be prioritized in the
critical infrastructure threat assessment developed by the
Office of Intelligence and Analysis and included in threat
assessment budgets of the intelligence community.
SEC. 505. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended--
(1) in section 3(6) (50 U.S.C. 401a(6)), by striking
``Director of Central Intelligence'' and inserting ``Director
of National Intelligence'';
(2) in section 506(b) (50 U.S.C. 415a(b)), by striking
``Director of Central Intelligence.'' and inserting ``Director
of National Intelligence.''; and
(3) in section 506A(c)(2)(C) (50 U.S.C. 415a-1(c)(2)(C), by
striking ``National Foreign Intelligence Program'' both places
that term appears and inserting ``National Intelligence
Program''.
SEC. 506. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE.
Section 351(a) of title 18, United States Code, is amended--
(1) by inserting ``the Director (or a person nominated to
be Director during the pendency of such nomination) or
Principal Deputy Director of National Intelligence,'' after
``in such department,''; and
(2) by striking ``Central Intelligence,'' and inserting
``the Central Intelligence Agency,''.
Passed the House of Representatives September 9, 2011.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 161
112th CONGRESS
1st Session
H. R. 1892
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2012 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
_______________________________________________________________________
September 12, 2011
Received; read twice and placed on the calendar